Green v. Commissioner: A Tenth Circuit Veterans Disability Case

The case of Green v. Commissioner of Social Security Administration (2018) is a powerful reminder of how Veterans’ disability ratings from the Department of Veterans Affairs (VA) must be considered in Social Security Disability (SSDI) claims. This decision clarified that while VA ratings are not binding, they cannot be dismissed without careful analysis of the supporting medical evidence.

Case Background

Green, an Army veteran, was rated 100% unemployable by the VA due to PTSD and other service-related conditions. Despite this, his claim for Social Security Disability Insurance (SSDI) was denied.

• The Administrative Law Judge (ALJ) concluded that Green could perform medium work.

• The ALJ dismissed the VA’s unemployability rating, citing different criteria between the VA and SSA.

• The decision failed to address the extensive psychological evidence supporting the VA’s findings.

  
  

The Tenth Circuit’s Decision

On appeal, the Tenth Circuit ruled that the ALJ’s decision was flawed:

• Failure to Consider VA Findings: While VA ratings are not binding on SSA, they must be meaningfully considered.

• Dismissal Without Analysis: The ALJ only noted the different agency standards but ignored the psychiatric evidence relied upon by the VA.

• Remand Ordered: The case was sent back, reinforcing that ALJs cannot give cursory dismissals of VA disability determinations.

  
  

Key Takeaways from Green v. Commissioner

➡ Cross-Agency Decisions: ALJs must go beyond acknowledging VA ratings and engage with the underlying medical evidence.

➡ Mental Health Evidence Matters: Special attention must be given to psychiatric evaluations, particularly in cases involving PTSD.

➡ Proper Consideration is Required: When referencing other agencies’ findings, the ALJ must point to specific evidence supporting or contradicting the decision—not just broadly reject it.

Q&A: What This Case Means for Veterans

Q: Does a VA 100% disability rating guarantee Social Security benefits?

A: No. The SSA applies its own standards, but VA findings—especially those supported by detailed medical evidence—must still be carefully considered.

Q: What should Veterans do if the SSA dismisses their VA disability rating?

A: Veterans should appeal and ensure the record emphasizes the medical and psychological evaluations that supported their VA rating.

Q: Why is this case significant?

A: It reinforces that ALJs must provide more than a cursory explanation when discounting another agency’s decision, protecting Veterans’ rights during SSDI claims.

Got any questions? Schedule a consultation with us. I’m here to help. It’s a lot to take in, but we’ll get through it together. After all, navigating these waters is always easier when you’ve got someone to chat with.